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The most desirable way of serving a summons




1. The most desirable way of serving a summons is to serve it personally on the defendant.;A) True;B) False;2. All confidential communications from a client to her attorney in the course of;professional consultation are privileged.;A) True;B) False;3. Modern discovery rules are based on the notion that each party is entitled to identify;relevant facts that are in the possession of an opponent, and the process of discovery is;normally expected to operate without the active involvement of the court.;A) True;B) False;4. On the basis of the general rules of evidence, and assuming that no exceptions to those;rules apply, which of the following pieces of evidence will a judge not allow into court?;A) A witness's testimony about hearing defendant's brother say that two years ago;defendant committed the offenses;B) A plumber's testimony as to the likelihood that a pipe will fail under certain;conditions;C) The original copy of plaintiff's birth certificate;D) All of the above;E) None of the above;5. Which of the following is not contained in the complaint?;A) Basis for the court's jurisdiction;B) Facts that give rise to grounds for relief in law;C) Prayer for relief;D) Admissions and denials;E) None of the above;6. The U.S. District Courts can render advisory opinions.;A) True;B) False;7. Police officers are absolutely immune from civil liability so that they can perform their;dangerous work without fear of litigation.;A) True;B) False;8. Whether a case has developed sufficiently to be before a court for adjudication raises a;question of standing.;A) True;B) False;9. Standing is a necessary prerequisite to a court's proper exercise of subject matter;jurisdiction.;A) True;B) False;10. A brought suit against B in state court, saying that B had stolen an idea on which she;had a patent. The court dismissed the case for lack of jurisdiction over patent law;actions. One year later, before the statute of limitations had run out, A again brought;suit, but in federal court. Which of the following is a true statement?;A) The suit should be dismissed on the basis of the principle of res judicata.;B) The question is moot, so the federal court will refuse to hear it.;C) The federal court can hear the case only if the state court was in error.;D) The case is ripe for the federal court to hear.;E) The suit must proceed through the state court before the federal court will hear it.;11. In which of the following situations would the doctrine of sovereign immunity most;likely apply so as to bar a suit against the government and/or its appropriate agent? (In;other words, in which of the following situations would the plaintiff not be able to sue;the government and/or its appropriate agent for damages?);A) Police officers violate the constitutional rights of a suspect in custody.;B) The government is negligent in carrying out a proprietary function, such as;operating and maintaining a sports arena where fans are injured as a result.;C) A prosecutor decides not to prosecute an accused for rape because of insufficient;evidence and a second victim is raped.;D) A government official sexually harasses a subordinate.;E) None of the above;12. Peter filed a suit against St. Paul's Church. Before trial the church offered Peter $10,000;to settle the claim outside of court. Peter accepted the money. Peter and church agreed;that the trial should take place even though neither would consider the results binding.;Peter wants to find out if he would have won and how much damages the jury would;come up with. The church wants the court to define the limits of charitable immunity.;What should the court do under these circumstances?;A) Dismiss the case as being moot because the parties settled.;B) Issue an advisory opinion to set a precedent on the doctrine of charitable immunity.;C) Rule on charitable immunity since it is a case or controversy and the parties have;standing.;D) Grant a J.N.O.V. because the case is ripe.;E) All of the above;13. Former Iranian hostages and two of their wives filed suit against the United States;seeking compensation because the Algiers Accord, the agreement made between the;president and Iran that secured their release, deprived them of the right to sue Iran for;injuries sustained while being held hostage. The federal appeals court determined that;the case involved a policy decision made during a crisis situation by the president and;was not subject to judicial review. The court should refuse to adjudicate this dispute;based upon;A) the political question doctrine.;B) mootness.;C) ripeness.;D) standing.;E) Act of State Doctrine.;14. Plaintiff challenged the constitutionality of the admissions policy of the University of;Washington Law School, claiming that he was discriminated against on the basis of;race, which violated the Equal Protection Clause of the Constitution. In the interim he;was admitted pending final disposition of his case. By the time the Supreme Court heard;this case, plaintiff was in the final quarter of law school. If the court refuses to;adjudicate the dispute, it will most likely be because of;A) the political question doctrine.;B) mootness.;C) ripeness.;D) standing.;E) the Act of State Doctrine.;15. Today most courts in the United States are empowered to grant either equitable or legal;relief.;A) True;B) False;16. Common law remedies do not include specific performance.;A) True;B) False;17. When a court awards a declaratory judgment, it issues a written determination of a;party's legal rights.;A) True;B) False;18. Reformation involves restoring a person to a previous position to prevent unjust;enrichment.;A) True;B) False;19. Hedonic damages are awarded for breach of contract in order to fully compensate the;plaintiff for the loss he has suffered.;A) True;B) False;20. An ex parte injunction is granted without prior notice to the enjoined party.;A) True;B) False;21. The idea of coming into court with clean hands is a requirement of;A) the law courts.;B) the U.S. Surgeon General.;C) the tax courts.;D) constitutional origin.;E) None of the above;22. A lives next door to B and plays loud music all night so that B gets little sleep. After;repeated requests to A to lower the volume, B sues A, asking for an injunction. The final;decision of the court is in favor of B. What kind of injunction would the court issue in;its final decision?;A) Prohibitory;B) Mandatory;C) Preliminary;D) Temporary;E) None of the above;23. Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow;rodeo rider, Chip Morris, at a rodeo in Florida. After comparing notes on various;rodeos, Morris offered Sparrow a job for sixteen weeks working on Morris's ranch in;Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400;and a brown horse named Kerro. When Sparrow first came to Morris's ranch, Kerro was;practically unbroken. However, Sparrow worked with the horse during his spare time;and by the time sixteen weeks were up, Kerro was well on his way to becoming a firstclass;riding horse. Morris returned at the end of the sixteen weeks and gave Sparrow a;check for $400, but refused to deliver the horse. Sparrow wants the horse. What remedy;will he be seeking in court?;A) Injunctive relief;B) Rescission;C) Restitution;D) Reformation;E) Specific performance;24. Which of the following is not classified as a criminal act?;A) Being without visible means of support;B) Being addicted to a narcotic drug;C) Being in possession of a controlled substance;D) Both a and b;E) Options a, b, and c;25. The basic components of a criminal offense include;A) an actus reus.;B) mens rea.;C) concurrence.;D) Two of the above;E) Options a, b, and c;26. Which of the following crimes requires proof of causation?;A) Perjury;B) Battery;C) Reckless driving;D) Burglary;E) None of the above;27. Which of the following crimes is not classified as inchoate?;A) Rape;B) Solicitation;C) Conspiracy;D) Attempt;E) None of the above;28. Assume that a criminal defendant claims that she was the victim of a criminal;kidnapping and was forced by her kidnappers to commit the crimes with which she is;accused. Assume further that she could prove that she had complied with their demands;only because her captors had threatened to kill her if she resisted. What defense would;be appropriate for her to adopt at trial?;A) Entrapment;B) Self-defense;C) Insanity;D) Duress;E) None of the above;29. The defendant was a passenger in a car that was driven onto private property. The driver;mistakenly believed that they were entering a public park. The passenger was charged;with violating a criminal ordinance, which prohibited entry upon private property;without the permission of the owner. Her best defense to criminal responsibility would;be;A) that she too was mistaken about the ownership of the property since ignorance of;the law is usually a viable defense to criminal liability.;B) the coercion defense because she could not jump out of the car without injury.;C) that she committed no overt act (actus reus) since her act of entering was not;voluntary since she was a passenger.;D) All of the above;E) None of the above;30. Under the Model Penal Code the most culpable level of wrongful intent is to act;A) purposely.;B) knowingly.;C) recklessly.;D) negligently.;E) All of the above;31. Gordon escaped from authorities in Vermont. While in Maine, he and a friend;experienced engine trouble and began to look for another vehicle. They spotted a;Chevelle parked in a private driveway with the keys in it. The friend got in the car while;Gordon pointed a gun at the car's owner and told him that they would take care of the;car and get it back as soon as possible. In a subsequent high-speed chase with officers;the Chevelle was driven off the road, wrecked, and abandoned. Which of the following;would be a valid defense to, or argument against, a charge of robbery?;A) I had hoped to return the car to the owner, so I did not really intend to rob him.;B) I had been drinking tequila shots at the local bar prior to the incident and was;drunk.;C) I just go crazy when I'm being chased by police, so insanity is my defense.;D) All of the above;E) None of the above;32. A search and seizure may be lawful even if conducted without a proper warrant if;A) consent to the search is given.;B) it is made incident to a lawful arrest.;C) the seized items are in plain view of a lawfully present officer.;D) Any of the above;E) None of the above. A search warrant is a prerequisite for any lawful seizure of;property.;33. The plaintiff attempted to have the defendant, Gregg, who was a university student;served with process at his fraternity house. When he could not be located, the trial court;authorized service on any member of the fraternity. No attempt was made to locate the;defendant at his dwelling. The defendant failed to appear in court, and judgment was;entered for the plaintiff. Which of the following statements is true?;A) The defendant is entitled to notice of the proceedings against him because of;substantive due process.;B) If service of the summons was defective because it was not reasonably calculated;to notify the defendant of the action, then the court did not have personal;jurisdiction over the defendant, and the judgment is invalid.;C) As long as the trial court authorized the substituted service of process the judgment;is valid under the Due Process Clause.;D) The fact that no attempt at all was made to serve the defendant at his residence is;unimportant since constructive service of this kind cannot be challenged on appeal.;E) None of the above;34. A contingency contract;A) is only permitted for court-appointed attorneys for indigent defendants.;B) prohibits a client from discharging their attorney for cause.;C) permits attorneys to take a percentage of the damages recovered by the client (or;nothing if the client loses).;D) is the preferred method of paying defense attorneys.;E) prohibits attorneys from taking a percentage of the damages.;35. Nadine, a nurse, is summoned for jury duty in a medical malpractice case. She asserts;under oath that she will not substitute her own judgment for the facts presented at trial;and that she can render a fair and impartial verdict. Counsel for the defendant doctor;however, feels that she probably dislikes doctors and will not be pro-defense. Counsel;for the plaintiff likes Nadine, and the judge believes that she can render a fair and;impartial verdict. What should defense counsel do?;A) Issue a dismissal for cause;B) Exercise a peremptory challenge;C) Move for a mistrial;D) Ask for a change in venue;E) Submit a motion for nonsuit;Use the following to answer question 36;Don went off-roading one day in his 350 Ford diesel pick-up truck with his loaded shotgun;resting on the gun rack in his back window. Suddenly, he hit a bump and the gun discharged;blowing a hole right through the pickup. Don now suffers with a constant ringing in his ears as a;result of the gun firing. Don decided to sue the manufacturer of the gun for alleged personal;injury.;36. What document should Don file with the court in order to initiate the proceeding and to;set forth his cause of action and the grounds for the jurisdiction of the court?;A) The complaint;B) The demurrer;C) The summons;D) The brief;E) The petition


Paper#15838 | Written in 18-Jul-2015

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